Successive Applications For Recalling Witnesses Should Not Be Encouraged: SC [Read Judgment]

Ashok Kini

11 Feb 2019 5:24 PM IST

"Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed."

The Supreme Court has observed that filing of successive applications for recall of a witness under Section 311 of the Code of Criminal Procedure should not be encouraged. The Bench comprising of Justice AK Sikri and Justice S. Abdul Nazeer in Swapan Kumar Chatterjee vs. CBI, were considering the appeal against a Calcutta High Court order which upheld the Trial Court order allowing...

Successive Applications For Recalling Witnesses Should Not Be Encouraged: SC [Read Judgment]

Ashok Kini

"Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed."

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